Necessary parties.

Necessary parties are those "who ought to be parties if complete relief is to be accorded between the persons who are parties to the action or who might be inequitably affected by a judgment in the action," pursuant to CPLR 1001[a].

Matter of Wohl v. Bruen, NY Slip Op 02861 (2d Dep't May 9, 2025)

Here is the decision.

Motion to vacate.

A party seeking to vacate an order entered upon a default in opposing a motion must submit evidence in admissible form establishing both a reasonable excuse for the default and a potentially meritorious opposition to the motion. A court has discretion to accept law office failure as a reasonable excuse where the claim is supported by a detailed and credible explanation of the default. Vague, conclusory, and unsubstantiated allegations of law office failure are insufficient.

Agostinacchio v. Jofaz Transp., Inc., NY Slip Op 02750 (2d Dep't May 7, 2025)

Here is the decision.

VE Day. 1945.

Leave to renew.

After entry of a final judgment, a motion for leave to renew pursuant to CPLR 2221(e)(2) based upon a change in the law that would change the prior determination must be made before the time to appeal the final judgment has expired, absent circumstances set forth in CPLR 5015.

Wells Fargo Bank, N.A. v. Eliacin, NY Slip Op 02621 (2d Dep't April 30, 2025)

Here is the decision.

Contract law.

A claim for breach of the implied covenant of good faith and fair dealing may not be used as a substitute for a non-viable contract claim.

Embarq, L.L.C. v. Bank of N.Y. Mellon Trust Co., N.A., NY Slip Op 02643 (1st Dep't May 1, 2025)

Here is the decision.

Failure to warn.

On a failure to warn claim, the defendant may establish its prima facie entitlement to summary judgment by demonstrating that any allegedly inadequate warnings were not a proximate cause of the plaintiff's injuries, that is., that additional or different warnings would not have deterred the plaintiff's misuse of the product. The defendant may meet its burden with testimony establishing that the plaintiff did not read the instructions or the owner's manual.

Ardi v. Miller, NY Slip Op 02641 (1st Dep't May 1, 2025)

Here is the decision.

Judicial estoppel.

Under the doctrine of judicial estoppel, a party who has assumed a certain position in a prior legal proceeding and secured a judgment that endorses the position is precluded from taking a contrary position in another legal proceeding simply because the party's interests have changed.

Wilmington Trust, N.A. v. Kamal, NY Slip Op 02622 (2d Dep't April 30, 2025)

Here is the decision.

Vacatur.

The enumerated categories for vacatur of a judgment pursuant to CPLR 5015(a) are not exhaustive, and courts have the common-law power to grant relief from a judgment in the interest of justice.

Matter of Anderson Ave. Assoc., L.P. v. Fuller, NY Slip Op 02640 (1st Dep't May 1, 2025)

Here is the decision.

CPLR 205,

After the first action was dismissed for plaintiff's lack of capacity to sue, CPLR 205(a) provided a six-month extension of time to commence an action by a proper party. The motion to dismiss the complaint as untimely is denied.

Zak v. Bronx Park Phase I Preserv., LLC, NY Slip Op 02561 (1st Dep't April 29, 2025)

Here is the decision.

Traffic law.

A vehicle operator with the right-of-way may anticipate that other operators will yield, in compliance with the Vehicle and Traffic Law. However, drivers with the right-of-way may be found to have proximately caused the accident if they did not use reasonable care to avoid it.

Bender v. East End Bus Lines, Inc., NY Slip Op 02305 (2d Dep't April 23, 2025)

Here is the decision.

Arbitration.

Undoing an award on the ground that the arbitrator exceeded his power requires a finding that the award violates public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power, pursuant to CPLR 7511[b].

Pincus v. Motulsky, NY Slip Op 02425 (1st Dep't April 24, 2025)

Here is the decision.